Section 326IAC2-10-1. Limiting potential to emit

   (a) A source must obtain all construction approvals prior to operating under this rule. A stationary or portable source that would otherwise be required to have a permit under 326 IAC 2-6.1, 326 IAC 2-7 or 326 IAC 2-8, or an operating agreement as described in 326 IAC 2-9 may limit its potential to emit by complying with the conditions of this rule. A source complying with this rule is not subject to 326 IAC 2-6.1, 326 IAC 2-7, 326 IAC 2-8, or 326 IAC 2-9 unless:

(1) the source is required to obtain a Part 70 permit in accordance with 40 CFR 63, which requires a major affected source to have a Part 70 permit on the compliance date of an applicable NESHAP; or

(2) otherwise required by federal law.

  (b) A stationary or portable source complying with this rule may at any time apply for a state operating permit under 326 IAC 2-6.1, Part 70 permit under 326 IAC 2-7, a FESOP under 326 IAC 2-8, or an operating agreement under 326 IAC 2-9, as applicable. (Air Pollution Control Division; 326 IAC 2-10-1; filed Sep 5, 1996, 11:00 a.m.: 20 IR 10; filed Nov 25, 1998, 12:13 p.m.: 22 IR 1063; readopted filed Aug 2, 2004, 3:10 p.m.: 27 IR 3954; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA)